[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 464 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 464

  To provide relief to teachers, administrators, and related services 
providers from an excessive paperwork burden, and to reduce time spent 
  by teachers on non-instructional activities, as required under the 
              Individuals with Disabilities Education Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2003

 Mr. Keller (for himself, Mr. Boehner, and Mr. Castle) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
  To provide relief to teachers, administrators, and related services 
providers from an excessive paperwork burden, and to reduce time spent 
  by teachers on non-instructional activities, as required under the 
              Individuals with Disabilities Education Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``IDEA Paperwork Reduction Act of 
2003''.

SEC. 2. STRATEGIC PROPOSALS TO REDUCE THE PAPERWORK BURDEN UNDER THE 
              INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

    Not later than 6 months after the date of the enactment of this 
Act, the Secretary of Education shall submit to the Committee on 
Education and the Workforce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of the Senate a 
report that details such regulatory proposals as the Secretary deems 
advisable for reducing the paperwork burden on teachers, 
administrators, and related services providers under the Individuals 
with Disabilities Education Act, and reducing the non-instructional 
time spent by teachers in order to comply with the requirements of the 
Individuals with Disabilities Education Act.

SEC. 3. SIMPLIFIED AND STREAMLINED NOTICES.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary of Education shall identify, 
develop, and disseminate simplified and streamlined model documents for 
individualized education programs (IEPs), procedural safeguards 
notices, and prior written notice reporting requirements incorporating 
relevant Federal statutory and regulatory requirements under the 
Individuals with Disabilities Education Act.
    (b) Dissemination and Training.--In carrying out subsection (a), 
the Secretary shall disseminate and provide training and technical 
assistance on the model IEPs, procedural safeguard notices, and prior 
written notice reporting requirements to all State and local 
educational agencies, parent training centers, and other appropriate 
entities.

SEC. 4. 3-YEAR INDIVIDUALIZED EDUCATION PROGRAMS.

    (a) Development of 3-Year IEP.--Notwithstanding part B of the 
Individuals with Disabilities Education Act, a local educational agency 
that receives funds under part B of that Act may offer to the parent of 
a child with a disability the option of developing a comprehensive 3-
year IEP. With the consent of the parent, the IEP Team shall develop an 
IEP, as described in sections 614(d)(1) and 614(d)(3) of that Act, that 
is designed to serve the child for a 3-year period, which includes a 
statement of--
            (1) measurable goals pursuant to section 614(d)(1)(A)(ii) 
        of that Act, coinciding with natural transition points for the 
        child, that will enable the child to be involved in and make 
        progress in the general education curriculum and that will meet 
        the child's other educational needs that result from the 
child's disability; and
            (2) annual goals for measuring progress toward meeting the 
        goals in paragraph (1).
    (b) Review and Revision of 3-Year IEP.--
            (1) Requirement.--The IEP Team shall conduct a review of 
        the child's 3-year IEP under section 614(d)(4) of the 
        Individuals with Disabilities Education Act at each of the 
        child's natural transition points.
            (2) Annual streamlined review.--In years other than a 
        child's natural transition points, the local educational agency 
        shall ensure that the IEP Team--
                    (A) provides an annual streamlined review of the 
                child's IEP to determine the child's current levels of 
                progress and determine whether the annual goals for the 
                child are being achieved; and
                    (B) revises the IEP, as appropriate, to enable the 
                child to continue to meet the measurable goals set out 
                in the IEP.
            (3) Comprehensive review.--If the review under paragraph 
        (1) determines that the child is not making sufficient progress 
        toward the goals described in subsection (a), the local 
        educational agency shall ensure that the IEP Team provides a 
        review, within 30 calendar days, of the IEP under section 
        614(d)(4) of the Individuals with Disabilities Education Act.
            (4) Parental preference.--At the request of the parent, the 
        IEP Team shall conduct a review of the child's 3-year IEP under 
        section 614(d)(4) of the Individuals with Disabilities 
        Education Act rather than an annual streamlined review under 
        paragraph (1).

SEC. 5. PAPERWORK REDUCTION DEMONSTRATION PROGRAM.

    (a) Pilot Program.--The Secretary is authorized to grant waivers of 
paperwork requirements under the Individuals with Disabilities 
Education Act for a period of time not to exceed 4 years with respect 
to not more than 10 States based on proposals submitted by States for 
addressing reduction of paperwork and non-instructional time spent 
fulfilling statutory and regulatory requirements.
    (b) Report.--The Secretary shall include in the annual report of 
the Department of Education (required to be transmitted to Congress 
under section 426 of the Department of Education Organization Act) 
information related to the effectiveness of waivers granted under 
subsection (a)--
            (1) in reducing the paperwork burden on teachers, 
        administrators, and related services providers under the 
        Individuals with Disabilities Education Act, and non-
        instructional time spent by teachers in compliance of the 
        requirements of the Individuals with Disabilities Education 
        Act, including any specific recommendations for broader 
        implementation; and
            (2) in enhancing longer term educational planning, 
        improving positive outcomes for children with disabilities, 
        promoting collaboration between IEP Team members, and ensuring 
        satisfaction of family members, including any specific 
        recommendations for broader implementation.

SEC. 6. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

    (a) Individualized Education Programs.--
            (1) Definitions.--Section 614(d)(1) of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1414(d)(1)) is amended--
                    (A) in subparagraph (B), by striking clause (ii) 
                and inserting the following:
                            ``(ii) a regular education teacher of such 
                        child (if the child is, or may be, 
                        participating the majority of the school day in 
                        the regular education environment), but such 
                        teacher shall not be required to attend a 
                        meeting or part of a meeting of the IEP Team 
                        involving issues not related to the child's 
                        participation in regular education, nor shall 
                        multiple regular education teachers, if the 
                        child has more than one regular education 
                        teacher, be required to attend a meeting, or 
                        part of a meeting, of the IEP Team;''; and
                    (B) by adding at the end the following:
                    ``(C) IEP team attendance.--The parent of a child 
                with a disability and the local educational agency may 
                agree to excuse any member of the IEP Team from 
                attending an IEP meeting, in whole or in part, when, 
                under the circumstances, the attendance of such member 
                is not necessary. An IEP Team may obtain input prior to 
                an IEP meeting from any member whose attendance at such 
                meeting is not necessary as determined under the 
                preceding sentence.''.
            (2) Development of iep.--Section 614(d)(3) of such Act (20 
        U.S.C. 1414(d)(3)) is amended by adding at the end the 
        following:
                    ``(D) Waiver of meeting.--In making changes to a 
                child's IEP, the parent of a child with a disability 
                and the local education agency may agree to waive the 
                need to reconvene the IEP Team and instead develop a 
                written document to amend or modify an existing IEP.
                    ``(E) Consolidation of meetings.--To the extent 
                possible, the local educational agency shall encourage 
                the consolidation of IEP Team meetings for a child.''.
            (3) Use of technology.--Section 614 of such Act (20 U.S.C. 
        1414) is amended by adding at the end the following:
    ``(g) Alternative Means of Meeting Participation.--When conducting 
IEP team meetings and placement meetings pursuant to this section and 
section 615, the parent of a child with a disability and a local 
educational agency may agree to use alternative means of meeting 
participation, such as video conferencing and teleconference calls.''.
    (b) Construction.--Section 614(e) of such Act (20 U.S.C. 1414(e)) 
is amended by adding at the end the following: ``Nothing in this 
section shall be construed to require that additional information be 
included in a child's IEP beyond what is explicitly required in this 
section.''.
    (c) Procedural Safeguards Notice.--Section 615(d)(1) of such Act 
(20 U.S.C. 1415(d)(1)) is amended by striking subparagraphs (B) and (C) 
and inserting the following:
                    ``(B) at the time services are initially provided;
                    ``(C) upon registration of a complaint under 
                subsection (b)(6) of this section; and
                    ``(D) upon request by a parent.''.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Child with a disability.--The term ``child with a 
        disability'' has the meaning given the term in section 602 of 
        the Individuals with Disabilities Education Act.
            (2) IEP team.--The term ``IEP Team'' has the meaning given 
        the term in section 614(d)(1)(B) of the Individuals with 
        Disabilities Education Act.
            (3) Individualized education program.--The term 
        ``individualized education program'' or ``IEP'' has the meaning 
        such term has in section 602 of the Individuals with 
        Disabilities Education Act.
            (4) Natural transition points.--The term ``natural 
        transition points'' means those periods that are close in time 
        to the transition of a child with a disability from preschool 
        to elementary grades, from elementary grades to middle or 
        junior high school grades, from middle or junior high school 
        grades to high school grades, and from high school grades to 
        postschool activities, but in no case longer than 3 years.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (6) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
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